Judges

No proposal to take help of retired judges in drafting legislations: Govt

There is no proposal to take the help of retired judges and senior advocates in drafting legislations, the government told Rajya Sabha on Thursday. In a written reply, Law Minister Kiren Rijiju also said Legislative Department in the Union Law Ministry has been taking necessary steps to ensure that legislative drafting is simple, plain, precise and unambiguous. "Efforts are also being made to aim at clarity of expressions and use of appropriate words and expressions," he said. Rijiju was asked whether the government was aware that one of the main reasons for litigation in high courts and the Supreme Court was the "defective and faulty drafting" of legislations containing provisions admitting more than one interpretations. He was also asked whether the government has any proposal to take the assistance of retired Supreme Court and high court judges as well as senior advocates in drafting new legislations for making them more accurate. The Legislative Department is mandated with ...

Political background not absolute bar to appoint judge: Govt cites SC order

The government on Friday said in Lok Sabha that the Supreme Court has observed in a recent order that political background by itself has "not been an absolute bar" to appoint an otherwise suitable person as a judge. It also said "generally", it is not a practice to seek Research & Analysis Wing (R&AW) reports on proposals for appointment of judges in high courts and the Supreme Court except in "extraordinary circumstances, involving issues related to national security". In a written reply, Law Minister Kiren Rijiju said according to the Memorandum of Procedure for appointment of judges of high courts, the proposals recommended by High Court Collegiums are to be considered in the light of "such other reports/inputs as may be available" to the government for assessing the suitability in respect of the names under consideration. "Accordingly, IB (Intelligence Bureau) inputs are obtained and provided to the Supreme Court Collegium for making assessment on the recommendees," he ...

Vivek Agnihotri to appear before Delhi HC over tweets against judge

Agnihotri had put out tweets against Justice Muralidhar. Pursuant to the tweets, Agnihotri had put alleging bias against Justice Muralidhar

FTX bankruptcy judge denies request for independent examiner in the case

The judge presiding over the bankruptcy of cryptocurrency exchange FTX has denied a request by the U.S. bankruptcy trustee to appoint an independent examiner in the case. The trustee, who serves as a government watchdog in Chapter 11 reorganizations, argued that the company's financial affairs and business operations, including allegations of unprecedented fraud leading to its collapse, should be reviewed by a disinterested person, not left to an internal investigation. But Judge John Dorsey rejected the request on Wednesday. He agreed with FTX and its official committee of unsecured creditors that an examiner's work would be too costly and would duplicate investigations already under way by FTX's new leadership, the creditors committee and several federal agencies. "There is no question that if an examiner is appointed, the cost of the examination, given the scope suggested by the trustee at the hearing, would be in the tens of millions of dollars and would likely exceed 100 millio

Thousands march in Israel as Netanyahu allies push judicial overhaul

Thousands of Israelis protested outside the country's parliament on Monday ahead of a preliminary vote on a bill that would give politicians greater power over appointing judges, part of a judicial overhaul proposed by Prime Minister Benjamin Netanyahu's government. The committee vote, expected to take place after a stormy session, marked the opening salvo by Netanyahu and his allies in a plan that has divided the country, triggered mass protests and even drawn concern from President Joe Biden. Trainloads of protesters arriving in Jerusalem streamed up escalators in the city's main train station chanting, democracy, cheering and whistling, and waving the national flag. A few hundred others gathered in protest at Jerusalem's Western Wall, the holiest site where Jews can pray. In parliament, opposition lawmakers vocally protested the proposed reform to judge appointments ahead of a committee vote that would send the bill to the full parliament for a vote. During an unruly session, .

SC Collegium recommends 5 judges for elevation as Chief Justices of HCs

The Collegium's resolution said that the Jammu and Kashmir and Ladakh High Court does not have representation amongst Chief Justices of High Courts since the retirement of Justice AM Margret

Aspersions should not be cast on appointment of Victoria as HC judge: Govt

Differences of opinion are a part of democracy and there are ways to find solutions to that, Law Minister Kiren Rijiju said on Thursday in Rajya Sabha on whether there exists differences between the judiciary and the executive on the issue of appointment of judges. The government also said aspersions should not be cast on appointment of Victoria Gowri as a judge of the high court, asserting that she has been appointed through a process. Asked by TMC member Jawhar Sircar whether the appointment of Gowri was right even when she has been accused in public of making casteist remarks, of remarks against minorities, Leader of the House Piyush Goyal sought the indulgence of the chair. "I think there should be some decorum. An honourable judge has been duly appointed through a process. I don't think we, as honourable members here, should be casting aspersions of this nature. I seek your indulgence," Goyal said. Rajya Sabha Chairman Jagdeep Dhankhar said the three wings of the state have to

Rijiju supports view that lawyers with political affiliation can be judges

Law Minister Kiren Rijiju on Sunday appeared to support the view that lawyers with political affiliation can become judges. This comes amid a debate on the issue following a recent recommendation by the Supreme Court Collegium. Rijiju retweeted a post by Supreme Court advocate and former governor Swaraj Kaushal who said that in the past too, sitting members of Parliament representing political parties had been elevated as high court judges. "Justices K S Hegde and Baharul Islam were both sitting Congress MPs when they were appointed as HC judges. Justice V R Krishna Iyer was a Cabinet Minister in Kerala. Once you take the oath of office, you have to live by the oath," Kaushal had tweeted a couple of days ago. Kaushal tagged a news report which said that Madras High Court advocates had urged the SC Collegium to recall its proposal to elevate Victoria Gowri, who had been associated with the BJP, as a high court judge citing her alleged remarks against minorities and political ...

The Supreme Court's supremacy

It should not be challenged, yet judges should not select judges

Centre rejects Saurabh Kirpal's name for elevation as Delhi HC judge

On November 17, Kirpal told the media that his promotion had been delayed 'at least since 2017' due to his sexual orientation

Judges at grassroots hesitant to grant bail for fear of being targeted: CJI

Chief Justice of India DY Chandrachud on Saturday said Judges at the grassroots are reluctant to grant bail due to the sense of fear of being targeted for granting bail in heinous cases

A fresh beginning

Justice Chandrachud's term will be closely followed

SC dismisses plea to block Justice Chandrachud's appointment as next CJI

The petition sought contempt proceedings and criminal action against Justice Chandrachud, objected to CJI Lalit hearing the case

What is the Supreme Court Collegium system?

Differences have emerged within the Supreme Court Collegium over appointment of judges to the apex court. But what exactly is collegium and how does it work? Let us find out

SC appointments: What is the collegium system, and how does it work?

The collegium is a group consisting of the Chief Justice of India and the four seniormost judges of the Supreme Court that decides the appointment of judges to the apex court

SC collegium meeting of Sept 30 on elevation of judges discharged

'The unfinished work in the meeting called for September 30 is closed without there being any further deliberation and it stands discharged'

153 high court judges appointed this year; more appointments likely: Report

A total of 153 judges have been appointed to the various high courts in this calendar year so far, with sources on Thursday hinting at more appointments to the higher judiciary in the coming days. Six additional judges were appointed to the Bombay High Court on Thursday. It is learnt that the government is also set to take a call on the elevation of Bombay High Court Chief Justice Dipankar Datta to the top court shortly. If he is appointed to the apex court, its working strength will go up to 30. The sanctioned strength of the top court is 34, including the Chief Justice of India (CJI). The government is also set to initiate the process of appointing the next CJI, most likely this week or early next week. As part of the procedure, the Union law minister writes to the CJI to name his or her successor. Justice Uday Umesh Lalit retires as the CJI on November 8. Justice D Y Chandrachud is the senior-most judge after the CJI. As per practice, the CJI names the senior-most judge as hi

We cannot make judges work like machines: Rijiju on pending cases

With the pendency of cases in various courts rising, Union Law and Justice Minister Kiren Rijiju on Thursday pitched for striking a balance to address the burden on judges as well as people's struggle to get access to judiciary, and said "we cannot make judges work like machines". Rijiju said the pendency of cases in various courts is about to cross 4.8 crores. He was speaking at the inaugural session of a Delhi University conclave -- Indianisation of Legal System and Education. The two-day conclave has been organised jointly by the Faculty of Law and the National Legal Services Authority (NALSA). "On the one hand, we are talking about the modern legal system, which is based on accountability, transparency, and fairness and on the other hand, we are saying that the common people of our country are finding it more difficult in getting access to justice," the minister said. "When I took over as the minister for law and justice (in 2021), the pendency of cases in various courts in Ind

'Some teething problems, all judges on same page': CJI on listing of cases

Chief Justice of India U.U. Lalit on Thursday said that teething problems are bound to arise in the new way of listing of cases in the apex court, but all judges are completely on the same page

Judge grants Trump bid for special master to review documents seized by FBI

A federal judge on Monday granted a request by former President Donald Trump's legal team to appoint a special master to review documents seized by the FBI from his Florida home last month and also temporarily halted the Justice Department's use of the records for investigative purposes. The decision by US District Judge Aileen Cannon came despite the objections of the Justice Department, which said an outside legal expert was not necessary in part because officials had already completed their review of potentially privileged documents. The judge had previously signaled her inclination to approve a special master, asking a department lawyer during arguments this month, What is the harm? The appointment is likely to slow the pace of the department's investigation into the presence of top-secret information at Mar-a-Lago given the judge's directive that the Justice Department may not for the moment use any of the seized materials for investigative purposes. But it is not clear that it